New Probate Case

probate trust amendments Mar 22, 2022
 
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 Probate

In probate actions a common issue facing the courts is whether an amendment to a revocable trust was valid. Last month, the First District Court of Appeal published a new decision addressing whether an amendment to a revocable trust was valid when it was not acknowledged by a notary public. In the video above I briefly discuss this new case. Below is my summary of this new case.

New Probate Decision 

Balistreri v. Balistreri (2022) _ Cal.App.5th _ , 2022 WL 557745: The Court of Appeal affirmed the trial court's order denying a petition to confirm the amendment of a revocable trust. Petitioner alleged that the day before her husband, Sal C. Balistreri (decedent) died, the two amended their revocable trust. The trust mandated that any amendment "shall be made by written instrument signed, with signature acknowledged by a notary public." The trial court properly concluded the claimed amendment was invalid under Probate Code section 154021 because the amendment was not acknowledged by a notary public. (C.A. 1st, February 24, 2022.)

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Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Lawyer Master Mentoring™
California Case Summaries™
CA Civil Trial Attorney Since 1980
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Past President San Diego County Bar Assn., SD ABOTA Chapter
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